In a democratic system of government, the constitution usually vests powers in the hands of State
governors to appoint, suspend or remove a chief Judge of the state, for having been incapacitated
in the performance of his/her duties due to factors such as gross misconduct, sickness, or
miscarriage of justice.
The constitution is a grundnorm in which every power and authority in the State is rooted, and all other laws are subject to its provisions therein. Thus, enacted rules and powers which contravene the provisions of the constitution will be considered null and void. Furthermore, it is on the plethora of the constitutional powers, that formulate the principles of separation of powers for the administration of government are grounded. The principles entails that, no organ of the government should interfere with the duties, and powers of the other, and Nigeria in its constitutional authority, provided the powers and procedures to appoint, suspend, or removing of the sitting chief Judge of a state in the federation, and specifically in chapter VII (7) of the Constitution of the Federal Republic of Nigeria 1999, as (amended) 2011.